HYDERABAD, June 30: The circuit bench of the Sindh High Court has issued notice to the medical superintendent of the Civil Hospital, Hyderabad, after the failure of a medico-legal officer to submit a certificate.

The notice was issued after Sindh Director-General Health Services Dr Hussain Bux Memon told the court that all medico- legal officers were under the administrative control of their respective medical superintendents but police surgeons technically supervised their working.

The matter was related to a bail application filed by Wazir and Mohammad in a murder case. Ayaz Hussain Tunio had filed a petition for bail on behalf of the accused. The case against the applicants was lodged by Maula Bux alias Solo Mirbahar following a clash on Aug 19, 2002 in which the applicants' father had succumbed to injuries in hospital. Later, Section 302 of the PPC was added to the FIR.

The applicants' counsel said that a counter case had been lodged by the accused against the complainant, contending that the prosecution's story was false and the nature of injuries to accused should be determined by the trial court.

The court had earlier directed the MLO to produce a medico- legal certificate in this regard. MLO Dr Shahid Junejo had submitted in writing before the court on Tuesday and had sought an unconditional apology from the court on the ground that he had prepared the certificate as soon as he had determined the nature of injuries.

However, he said that normally, police officers concerned collected the certificate but in the present case no police officer had turned up to obtain the certificate and he had also forgotten to get in touch with the police in this connection.

The court had fixed June 30 for the hearing of the bail application. Director-General Health Services Dr Hussain Bux Memon had also filed his statement, requesting the court to withdraw the notice against him as MLOs were under the administrative control of their respective medical superintendents.

NOTICE: The court also issued a notice to MNA Qurban Ali Shah on a telegram sent by two growers, Ghazi Khan and Soonharo Khan Babar, accusing the MNA of forcibly obstructing the water flow in channels belonging to them. The court also called for a report from the regional police officer, Hyderabad, in this regard by July 1.

The court converted the telegram into a constitutional petition. Applicants had contended that gunmen were present on their water course known as No.BA-1 AR West branch Jamrao, Mirpurkhas division.

They accused the MNA and his gunmen of threatening them and added that they had suffered a financial loss amounting to Rs10 million. They also accused the MNA of misusing his powers and creating law and order problems in the area. They urged the court to take action against the said MNA before the destruction of their standing crops.

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